Maison Law represents the victims of Modesto pedestrian accidents. Our personal injury lawyers demand compensation for our clients after a careless driver’s mistake leaves them to deal with hospital bills and lost income. This support is definitely available to victims who were hit while walking at night when drivers should be even more focused on the road. We provide a free, no-obligation consultation for all local injury victims. Contact us to set up a confidential case review.
Should I Call a Lawyer After a Modesto Pedestrian Accident?
If you were struck by a car and somehow your injuries are very minor, you may not need the help of a lawyer. It’s when you suffer serious harm, like a broken arm or a brain injury, that you may need the protection of a Modesto Pedestrian Accident Lawyer. You may also need a lawyer if an insurance company tries to pin the blame for an accident fully or partially on you.
When medical bills start to build, auto insurance adjusters and corporate lawyers fight even harder to get out of having to provide support. They may convince you to sign off on a “lowball” settlement offer that doesn’t cover all of your recovery costs. Your Maison Law attorney is a safeguard against this treatment. Your lawyer will submit all evidence to force insurers to accept 100% of the responsibility and pay the maximum compensation available.
Nighttime Pedestrian Accident Risks in Modesto
Those on foot in Modesto can encounter plenty of danger along busy Modesto streets like Briggsmore Avenue. Pedestrians can be on their way to work or school, or out for a run, when they are threatened by motorists who are driving recklessly or typing out a text and not watching out for walkers. Pedestrians in busy parking lots are also at risk.
And, unfortunately, the risks only multiply at night, when street lights are few and far between. It’s a time when local drivers should be even more vigilant. Sadly, they often become more careless and spend even less time scanning the streets for anyone on foot. And we know that an overwhelming majority of pedestrian accidents occur after dark.
The Governors Highway Safety Association (GHSA) reported that in 2022, 77.1% of crashes occurred after dark in the U.S. 3.3% of the nation’s pedestrian accidents occurred during dawn or dusk.
The California Transportation Injury Mapping System (TIMS) recorded at least 50 pedestrian accidents involving injuries taking place at night in Modesto in 2023. Those accidents led to at least 8 deaths. Those heartbreaking numbers were a big leap over the figures revealed for 2022. That year there were 43 serious pedestrian accidents reported, resulting in 4 fatalities.
Who Is Responsible for Nighttime Pedestrian Accidents?
Motorists are required to show a legal “duty of care” to defenseless pedestrians. According to California vehicle statutes, drivers must monitor both sides of the street for anyone on foot. They must slow down upon spotting someone in the road and be prepared to stop to avoid an impact.
This duty is required when pedestrians are in crosswalks and when they are crossing in other spots where there is no crosswalk. It’s why drivers can be liable for some or all of a pedestrian’s recovery costs, even if a pedestrian is assigned some fault in the accident.
A Pedestrian may be wearing dark clothes, on the street where there isn’t enough lighting. Someone on foot could be crossing at a dangerous and illegal spot in the road, outside a crosswalk. But these factors don’t excuse motorists for unsafe behavior. Drivers may be going 20 mph over the speed limit or distracted while looking for a song on their phones. These poor choices make it impossible to show a proper duty of care towards vulnerable walkers.
Drivers can still be cited for a pedestrian collision and their insurance companies can still be financially responsible for the victim’s physical and financial recovery.
What If I Am Found Partially to Blame for My Pedestrian Accident at Night?
Drivers can still be found responsible for a big percentage of the physical damages caused in an accident, even if you are found partly to blame. Under California’s concept of “comparative negligence” parties involved in accidents can share blame.
For example, a pedestrian may be assigned 30% of the fault for crossing a street outside of a crosswalk and wearing dark clothing. The driver could face up to 70% of the liability for speeding at the time or not making an effort to slam the brakes.
As a pedestrian victim, you could still seek settlement money to cover your medical costs. You could earn a settlement check, but it would be reduced by the 30% of the blame you were assigned in your accident.
But a skilled lawyer can help you stick up for your rights. Your attorney fulling investigates what happened to you and collects all evidence. A strong case will clearly demonstrate the driver wasn’t paying enough attention to the road. Your lawyer would fight to get your percentage of blame as low as possible. And if you shouldn’t be shouldering any of the blame for the accident, your Maison Law attorney makes sure your percentage is dropped to zero.
We Earn Support for Modesto Pedestrian Accident Victims
Your Maison Law attorney demands support to cover your hardships now and any hardships that are expected in the years ahead. This can include medical bills, income losses, and the non-economic losses victims usually deal with.
All damages must be included with a pedestrian accident injury claim because anything left off is damage that a car insurance company is allowed to ignore. If you don’t bring it up, you won’t receive money for it! These leftover bills would become something you’d have to cover out of your own savings.
Your lawyer ensures that every hardship is brought up to the insurance provider and is backed with evidence.
Your Maison Law representative will make sure support for these and other hardships is included in any personal injury car accident settlement check:
- Full support for hospital care
- A lifetime of support for a permanent physical disability
- Travel costs while going to doctor’s appointments
- Support for the physical pain victims endure with a broken bone
- Support for the emotional trauma victims must suffer through after a scary accident and painful recovery
- Past and future lost income while you miss work
- Estimates on lost earning capacity from a permanent disability
- Damage or destruction of property.
- Wrongful death support for the family of a deceased victim
Contact a Modesto Pedestrian Accident Lawyer
California allows pedestrian accident victims and their families up to two years to file an accident claim. However, you shouldn’t delay in beginning your case. Evidence can disappear and witnesses can become hard to locate over months or years. Surveillance video showing the collision could get erased forever.
Contact Maison Law to schedule a free, confidential consultation with an actual Modesto Pedestrian Accident Lawyer. We want to hear what happened to you. We’re going to answer your questions and make sure you are prepared for the insurance tactics you’ll face so you don’t forfeit valuable support. You’ll know what your injury is worth before an insurance adjuster tries to convince you it’s worth nothing at all.
There’s no obligation when you take advantage of a free case review, but if you feel we can help you get the most out of your injury claim, you won’t need any upfront money. Maison Law doesn’t get paid unless we win your case for you. Then our fee comes out of the settlement you receive.